How is property divided in a Wisconsin divorce?
Wisconsin generally begins with a presumption that divisible marital property should be divided equally between the spouses. The court may deviate from an equal division after considering the statutory factors, but equal division is the starting point rather than a guarantee that every individual asset will literally be split in half. Your income and general earnings are considered marital property by default, which is difficult for many people going through divorce to understand. Even if money is in a separate account with only one party’s name on the account, if income is deposited into that individual account, it might still be subject to 50/50 division. Property that may be individual property during the marriage may still be deemed marital property during divorce. Determining what is whose is a difficult process. Practically speaking, if you cannot prove that the property is yours alone and has always been yours alone, it might be subject to division at divorce
The court first determines what property belongs in the marital estate and what property may be excluded. Property acquired by gift from a third person, by inheritance, or with funds traceable to certain gifted or inherited property may be excluded from division, subject to statutory exceptions and tracing issues. The characterization of an asset can become complicated when separate property has been mixed with marital property or changed form over time.
Property division can include the marital residence, bank and investment accounts, retirement benefits, business interests, vehicles, personal property, and debts. A court may award particular assets to one spouse and offset their value with other property rather than ordering every asset sold or physically divided.
When deciding whether to depart from equal division, the court may consider factors such as the length of the marriage, property brought to the marriage, contributions to education or earning capacity, age and health, earning capacity, tax consequences, and other circumstances identified by statute.
Primary Wisconsin authorities: Wis. Stat. § 767.61.
Deep Dive into Wisconsin’s Marital Property System
Chart Describing What Is and What Is Not Marital Property Divisible at Divorce or Legal Separation